Lack of Legal Duty to Fill Vacancies on the United States Export-Import Bank’s Board of Directors May Destroy Ex-Im Bank

This Note examines whether the President of the United States has a statutory duty to nominate candidates to fill vacancies on the United States Export-Import Bank’s five-person Board of Directors. With only two of the five seats occupied, Ex-Im Bank’s Board of Directors cannot currently approve the financing of large export credit transactions, because at least three board members must be present to establish quorum for conducting official business. As a result, the Bank’s power is severely limited. Although this Note argues that President Trump is not legally obligated to fill Ex-Im Bank board vacancies, it offers an argument the Bank’s supporters can use to persuade President Trump to restore the agency to its full potential.